(10 years, 5 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Having listened to those comments, Members might never know the truth. Prison overcrowding is lower under this Government than it was in the last four years of the previous Labour Government. Let me walk the right hon. Gentleman through the operational capacity for adult males in our prisons: in May 2010 it was 80,269; today it is 82,395; and in 2015 it is predicted to be 85,133. That means the capacity for men in our prisons is increasing. The tornado squads, which deal with serious incidents, have dealt with half the level of activity seen in 2007.
I think that the right hon. Gentleman needs a little bit of a lesson in what a prison capacity crisis really is. It is having to introduce a special scheme to let prisoners go home after serving a quarter of their sentence because there are not enough places to keep them in. That is what Labour did. It is deciding to shorten everyone’s sentence by a few weeks because they did not plan for the places needed. That is what Labour did. They let out more than 80,000 people early, and 1,500 of them committed suspected crimes when they should have been in prison. That is my definition of a prison overcrowding crisis, and it happened under Labour. Now they have the nerve to call sensible contingency planning a crisis, even though they were the ones who were forced to rent out thousands of police cells across the country because they ran out of space.
I make no apology for the fact that under this Government more people are going to prison, and they are going to prison for longer. I have a strategy in place to ensure that we will always have the space for them.
Why should Britain find it necessary to have a higher proportion of its population in prison than almost any other western European country?
Of course, we have a much lower proportion of our population in prison than many other countries, but I would like it to be smaller. That is precisely why I believe that the reforms to the way in which we rehabilitate offenders—for example, supervising offenders who go to jail for less than 12 months, who currently get no support, guidance or mentoring—will make the kind of difference that enables us to bring down our prison population in future. That is a goal we should all share.
(10 years, 6 months ago)
Commons ChamberAs I said, given that this case is subject to appeal, I do not think it would be appropriate for me to comment further on it.
What is the Lord Chancellor going to do about the fact that senior counsel are not prepared to take on the defence roles in very complex cases, given that he has a case to put about cost saving and they have points to put about complexity? Talks will surely have to take place, and brinkmanship on either side will not serve the interests of justice.
We are taking the financial decisions we are taking for a simple imperative: we have to make an extremely difficult budget add up. We are applying the changes we are applying to those at the higher end of the income scale. I am confident that through the public defender service and other routes we will be able to meet the needs of cases, as and when they arise, and of course PDS advocates were available for these cases.
(10 years, 8 months ago)
Commons ChamberI was going to make reference to that. I can confirm that we have agreed that we will not participate in the first and third item at any stage. We have agreed across the coalition that we will take a look at the second item in the discussions that take place. We will participate in the negotiations, but I say to the House this afternoon that I do not expect, at the end of that process, any change to the decision that we are proposing, which I hope the House will endorse this afternoon.
I have also given our officials permission to take part as observers in the negotiations on the other two measures, because, naturally, I am keen to ensure that our European partners take sensible steps, too. It is right and proper that we should be aware of what takes place, but I could not conceive of a situation where we could consider taking part in the presumption of innocence and the legal aid matters. Therefore, it is not our intention at any stage to participate.
I was glad to see that the European Scrutiny Committee has also concluded that the UK should not opt in to the proposals, so we are of one mind on them. It is also worth highlighting that we are considering these three measures alone today, and that the Government continue to engage with the Commission on wider 2014 measures. I will briefly discuss the possible pros and cons of each proposal, as it is important that the House understands the basis for our decisions and the proposal we are putting to it this afternoon. First, I wish to make a general point relevant to each of the proposals. Each of them would of course apply to all criminal cases in the UK. None is restricted to cross-border cases. That means that if we accept any of the proposals, we also effectively agree that, henceforth, the relevant matters of internal procedural law will be determined at an EU level rather than here. In addition, the highest court overseeing the implementation and interpretation of the rules would thereafter be the European Court of Justice and not any UK court. That is, of course, true of all EU laws, but it is important to bear that in mind as we consider the proposals.
I remind the House that the agreement we reached on the 2014 measures is that we do not believe that Britain should be part of a European justice system. We do not believe in the harmonisation of court and legal procedure, and our decisions reflect that view. I do not agree with those who wish to create such a unified system. Other member states are free to do so if they choose, but we have decided that this country should not be part of such an approach.
The process that my right hon. Friend has described raises another problem, and I wonder whether he shares my view on it or approaches it from a different perspective. The proposals open up the possibility of conflicting decisions between the European Union system and the European convention on human rights on a number of issues. What happens in Britain has passed the test of the ECHR, but it would not necessarily pass the tests set in the proposals.
That is a very valid point, and my right hon. Friend is right to raise it. As he knows, we have different perspectives on the European Court of Human Rights, but he has highlighted one of the incongruities that will exist if we simply hand over jurisdiction in such crucial areas to the European Court of Justice, because there are some clear contradictions between European measures and those set out in the convention. Whatever our different perspectives in the coalition, we share that view of the problems that may arise from such Europeanisation of law.
I thank all Members who have contributed to the debate. I am delighted to discover that there is a consensus across the House on the approach that we have recommended, although it seems not to include the hon. Member for Swansea West (Geraint Davies).
We heard some interesting contributions. Having quoted from comments that he made two years ago in the Law Society Gazette, the hon. Member for Hammersmith (Mr Slaughter) compared regime change in the Ministry of Justice to regime change in Crimea, which may be considered to have been a slight exaggeration. He then agreed with us, although I note that he did not answer my question about whether he shared our concern about the jurisdiction of the European Court of Justice and the implications for our own legal position of signing up to measures of this kind, given that, if we do so, jurisdiction will pass from our courts to the ECJ.
I apologise to the three Select Committees for the delays that have occurred, but they will understand that, in this day and age, there are a number of debates to be had—in this Parliament, in Brussels, and sometimes in Government—before we finally reach a decision that can be presented to the House. I will always endeavour to ensure that information is given to Committees in a timely way, but I am sure that my hon. Friends will agree that it is better to have the right decision than to have an early decision.
That is true, but it is better still if, rather than our waiting until the Government have finally formed a view, the support and help of Committees is obtained at an early stage in the process.
I entirely accept that. We will try to ensure that we do what we can to supply the right information to Committees in the future.
The right hon. Member for Leicester East (Keith Vaz), who is no longer in the Chamber, made the valuable point that we should be cautious about the issue of jurisdictions. That is what lies behind my concern about measures such as these. It is important to understand that an opt-in is not—as was implied by the hon. Member for Swansea West—a simple process. It is not just about setting an example to the rest of Europe. It is about accepting the jurisdiction of an international court in regard to important areas of law. As was pointed out by my hon. Friend the Member for Stone (Mr Cash), there is no right of appeal following a ruling from the European Court of Justice. My hon. Friend also rightly observed that our judiciary are increasingly concerned about the role of international courts. On a number of occasions recently, they themselves have suggested that decisions that should be made in our courts and our Parliament are now being dealt with on the international stage. It is clear that that is causing some discomfort to at least some of them.
(10 years, 8 months ago)
Commons ChamberIt is precisely because we are confident in the process that we are moving to the next stage. We will take it a step at a time, and we will always take steps to address issues of public safety. The Opposition, having identified the problem of offenders going without supervision, and having legislated to deal with it while in government and then done nothing about it, are now attacking us for wanting to do something about it. They have no ideas themselves.
Will the Lord Chancellor clarify what the procedure will be if a bidder fails, withdraws from a contract or has to be replaced?
The benefit of having a national probation service that sits under the umbrella of the Department is that, were a bidder to fail, it would be possible for the Department to take operational control of that area while we retendered the contract. There are proper mechanisms in place to ensure that coverage would continue.
(11 years ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
With apologies to the House, I am not prepared to take any lessons from Labour Members who landed us with a treaty and a charter that did far more than we were promised. I also apologise to the former Europe Minister, the right hon. Member for Leicester East (Keith Vaz), who is in his place, for taking his name in vain, but it was he who said in 2000 that Europe’s new charter of fundamental rights
“would have no greater legal standing before EU judges than a copy of the Beano or the Sun.”
He knows that that is simply not what happened, because the previous Government signed us up to something that we would not have chosen to sign. The right hon. Member for Tooting (Sadiq Khan) talks about an opt-out, but that is not what the Labour Government actually negotiated. They negotiated a protocol that stated that the charter would be applied only to EU law. That is the situation today, and it does not enable us to opt out of the charter. We are still subject to it in EU matters. Again, that is not what Labour said would be the case.
The right hon. Gentleman asked me to publish the legal advice. His party has a long track record of not publishing legal advice. As he knows, Governments have always resisted its publication, and that will continue, because it is an important part of a Minister’s job to be able to take advice in confidence from our Law Officers. He also made a point about the European Court of Human Rights. The truth is that we need change in both areas. We need change in our relationship with the European Union and in our relationship with the European Court of Human Rights. They are separate institutions, and we need change in both of them. A majority Conservative Government would deliver those changes.
I welcome the Government’s readiness to seek clarification in the courts at an appropriate stage. May I make it clear to the Justice Secretary that, up to now, there has always been a majority in this House in favour of our subscription to the European convention on human rights but no majority in favour of our subscription to the European charter of fundamental rights?
May I say how much I agree with my right hon. Friend? He will know that the two documents are contradictory in many respects. They contain comparable rights that are differently worded, leaving the courts uncertain about how, when and where they should be applied. I personally think that the charter of fundamental rights was an unnecessary document. It was signed up to by the previous Government, even though it directly contradicted the convention in many respects and was likely to cause legal confusion in the years ahead.
(11 years ago)
Commons ChamberThe real risk would be not to accept the fact that reoffending is rising in this country, and that each year thousands of people are victims of crime committed by people who leave prison unsupervised and unguided. That is what this Government intend to change.
Will the Minister look carefully at the evidence session that the Justice Committee held this morning and some of the practical difficulties that were raised there for achieving the objectives of his programme? Will he look with similar care at any recommendations that the Committee eventually makes, as the Department has clearly done in respect of our report on older prisoners, to which he responded today?
I can happily give my right hon. Friend that assurance. The reason that we have built into our plans a dry run-in period in the public sector of more than six months after the initial structural changes have taken place is precisely because we recognise the need to ensure that the transition is smooth and extended and that we iron out any wrinkles. I will look carefully at the evidence session and I look forward to giving evidence to his Committee and discussing these matters in greater depth.
(11 years, 1 month ago)
Commons ChamberThe Lord Chancellor will recall that prison privatisations had to be halted because of the investigations that were taking place into two private sector contractors. Does he recognise that the very small number of private contractors available to take on these major contracts and the limited skills of the civil service to manage those contracts pose a threat to the achievement of his objective of transforming rehabilitation?
It is certainly unwelcome when we have issues with private contractors. I believe that it is important for the Government to broaden their ambit in terms of the organisations that they do business with. There is a large number of organisations out there in the voluntary and private sectors with skills to bring to the Government, and I hope that we can latch on to those skills and make good use of them. It is important for the future of Government contracting that we do not become too dependent on a very small number of suppliers.
(11 years, 4 months ago)
Commons ChamberFurther to that point of order, Madam Deputy Speaker. It might be helpful to the House to say—as I was intending to in my winding-up speech, but this will stop everybody making the point all the way through the debate—that we will accept the amendment standing in the names of my hon. Friend the Member for Stone (Mr Cash), my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) and the right hon. Member for Leicester East (Keith Vaz).
Further to that point of order, Madam Deputy Speaker. Can I claim a reward for getting my amendment accepted before I have actually moved it?
(11 years, 4 months ago)
Commons ChamberI am afraid that I think the current situation is unacceptable, whereby we are obliged to provide legal aid to anyone who starts a judicial review regardless of the strength of their case. If an individual has a strong case with their lawyer against a local authority, they should seek to recover their costs from that local authority. It is not the job of the taxpayer to bank-roll all cases.
Has the Lord Chancellor heard from the Bar Council since the Law Society sent me a letter yesterday describing the constructive progress that had been made in discussions? Does he recognise the genuine concern that when a fundamental change is made in the relationship between the two sides of the profession, it has to be after very careful consideration?
My right hon. Friend makes an important point. Over the past few weeks, I have had very constructive engagement with the Law Society and I welcome the counter-proposals it has put to us. We have recognised many shared objectives in that and it has behaved with professionalism over this matter. I was very disappointed that when the Bar Council submitted its report and recommendations to us in response to our consultation it did not contain the same degree of constructive engagement. I am due to meet the Bar Council later today and I hope we will see that change.
(11 years, 6 months ago)
Commons ChamberThat information is already available to a degree. It is available to hon. Members and has been published under the Freedom of Information Act. It is very important that at the same time as ensuring we have a proper legal aid system that provides access to justice to all, we ensure that the payments we make are payments we can afford.
How can Ministers be confident that under their proposals there will be a genuine market and not just a few very large businesses that would have no great incentive to maintain quality once they got a fixed proportion of the business?
That is a very important point. First, I have absolutely no intention of ending up with a legal aid market dominated by a small number of very large firms. A central part of the tendering process will involve a quality threshold that ensures that we have the quality of advocacy and litigation support in this country that we need and expect.
(11 years, 6 months ago)
Commons ChamberI plead guilty to having done a couple of media interviews this morning, but I am at least in the House right now. My opposite number, the right hon. Member for Tooting (Sadiq Khan), also gave some media interviews this morning but has not made it to the House, which is rather a surprise to me.
We learned an important lesson in opposition, which is that sometimes when one aspires to be a Government it is necessary to accept that something is the right thing to do. That is a lesson that today’s Opposition have not learned. I do not understand why they are coming out with this faux anger about what we are doing when the legislative foundations that enable us to push through these reforms were passed by the previous Labour Government. If they supported the concept then, why do they not support it now?
The hon. Gentleman asked about costs. That highlights an important difference between us and the previous Government. They believed that a problem would be solved by throwing money at it, and they ended up with an over-bureaucratic, over-complex system which simply did not deliver. Thanks to the work done by the Select Committee, we know that probation officers spend only about a quarter of their time at work on supervising offenders, while about 40% of their time is spent on providing support services. Are the Opposition really saying that it is not possible to run that system more efficiently and deliver support where it is needed to the offenders who are most likely to reoffend when they leave prison? Again, there is a divide between us and them. They think it is a question of spending more taxpayers’ money and having higher taxes; we want to get better value from the taxes that we already raise.
On resettlement prisons, again, it is about making our system work more effectively. At the moment, we move far too many prisoners all over the country in a fairly haphazard way. Over the past few months we have worked with prison governors and prison officer teams to work out a better way so that short-sentence offenders will almost always stay in one place and longer-sentence offenders will go to a prison close to where they will be released to ensure that when they are released we can deliver continuity of support through the prison gate. The Opposition should welcome that. It is the right thing to do and it should have been done years ago.
The hon. Gentleman asked about the past three years. It is only a few months since the Opposition were attacking me for not undertaking pilots on this issue. In fact, for the past few years we have been looking at how such a system would work, in Peterborough prison and in Doncaster prison. The work that has been done there is first-rate. It has also shown how effective older prisoners who are turning their lives around can be in supporting and mentoring younger offenders who have yet to do so. The hon. Gentleman needs to go out and look at what is happening, not in the world of big businesses, which his party’s Government contracted with regularly, but in the voluntary sector with some of our first-rate charities, where there are living examples of former offenders who have gone straight and who are now helping to turn around the lives of the next generation of offenders. I want to capture those skills in helping to bring down reoffending.
The hon. Gentleman questioned payment by results, but why is it such a bad thing in the eyes of the Opposition? They want to pay a whole-contract fee, but I believe that we should pay part of a fee based on whether the taxpayer gets a good deal or not. We should pay not unconditionally, but conditionally, and that is what we will do under these contracts. I want to pay for real results that bring down reoffending and crime.
Under the previous Government, reoffending barely changed. We ended up with a situation in which people were going round and round the system. We finally have a set of proposals that will start to change that. It is shame that this did not happen, not three years ago, but 13 years ago, when the Labour party was in power.
If this reform can be carried through in such difficult financial circumstances, it will be one of the most valuable and important things this Government do. Does the Lord Chancellor agree that the system must be tailored so that charities and voluntary organisations can viably play their full part, and that the creation of a national probation service must not be allowed to undermine the local co-operation between agencies, which is vital to reducing reoffending?
I can give assurance on both those points. The national probation service will continue to have local delivery units operating at a local authority level with local agencies, which is essential, and multi-agency supervision will and should continue for the most serious offenders.
On charitable groups, I am clear that quality and the likelihood of delivering success in reducing reoffending will be crucial in the contracting process. This is not simply a money-saving exercise; it is about easing pressure on the system by reducing reoffending. That is what it is all about and the bidding process will ensure that quality rises to the top.
(11 years, 8 months ago)
Commons ChamberI can absolutely give the hon. Lady that assurance. I very much recognise the issue that she mentions, which was discussed at my meeting with David Ford. I can reassure her that we are mindful of the situation in Northern Ireland and giving it due consideration as we reach our decision.
Why are Ministers not engaging properly with the House on those opt-in decisions, given that the five memorandums promised for mid-February have not yet been produced and the Government appear to be discussing with the Commission important opt-ins without having discussed them with important Committees of the House?
(11 years, 9 months ago)
Commons ChamberLet us be clear about why we are doing this: reoffending rates in this country have barely changed in 10 years, and it is not true to say that we are getting the kind of performance across the probation service that the hon. Lady suggests. There is good work being done in the probation service, in the voluntary sector and in the private sector, and my aim is to have a package of proposals that brings to bear the strengths of all three in reducing reoffending rates.
Why have the Government come up with the idea that the commissioning of probation services should be done by a national body, rather than a local or regional one, given that that undermines the way in which local bodies concerned with preventing crime can work together and the ability of local and regional voluntary sector organisations to take part?
There are two reasons. First, we do not believe that the expertise exists on a localised basis to procure payment by results in an ambitious way—the kind we are proposing. Secondly, many probation trust management teams are enthusiastic about being part of the contracted-out world themselves, so I hope and expect that we will see some of them forming partnerships and creating new bodies that will take the service forward.
(11 years, 10 months ago)
Commons ChamberThe simple answer to the latter point is that responsibility will continue to lie with the public probation service and, ultimately, the Secretary of State. The right hon. Gentleman and I know that in any system with a rate of reoffending there will be further crimes, whether a public, private or voluntary sector provider does the work. I want to ensure that the level of reoffending continues to go down and that we try every means at our disposal. The payment-by-results regime opens the way to innovation to ensure that we do the best possible job in ensuring that people do not reoffend.
Although I understand the Secretary of State’s enthusiasm for getting on with the job without waiting for more pilots, a decision that some of his advisers might have called courageous, may I ask him to pay particular personal attention to ensuring that charities and voluntary organisations with a track record are not crowded out by how contracts are let? Will he also consider whether he should expand the role of the chief inspector of probation so that quality control over the whole of the provision is maintained?
The latter point is an important one and I rather agree with my right hon. Friend on that. I look forward to having discussions with him and his Committee about it. I am also strongly supportive of the voluntary sector. It is simply not the case, even though the Opposition keep saying that it is, that the voluntary sector is not involved in the Work programme. That programme supports well over 100,000 people in the voluntary sector, using the real expertise of small and larger organisations such as the Papworth Trust and the Salvation Army. I want to see more of that in this process.
(11 years, 11 months ago)
Commons ChamberI do not accept the hon. Gentleman’s comments about the Work programme. About 200,000 people who were long-term unemployed have started work through that programme. The Labour party has been utterly disingenuous in how it has argued around the figures. There are people with first-rate expertise out there, particularly in the voluntary sector. I will be seeing such people tomorrow to talk about how we can help offenders participate. Those people can bring real expertise to make sure that reoffending rates, which are much too high, come down.
When are the Government going to produce a strategy on dealing with women offenders and reoffending by women?
Our aim is to do so early in the new year, but we do not want to rush it. I recognise that there is a need to differentiate the needs of women in prison from those of men in prison. The challenges are different and our responses should be different. One of my early steps in recognising that was to separate ministerial responsibility for men and women in prisons so that we could place a proper focus on the latter and their distinctive needs.
(12 years ago)
Commons ChamberIf the House agrees to the establishment of a Joint Committee, should not that Committee consider other options, such as restoring voting rights only in the last stages of a sentence? What makes me feel sick is the thought either of criminals cashing in from compensation because we have not sorted this out, or of Britain using the same arguments against international human rights jurisdictions as states with truly appalling human rights records.
Let me say in answer to the right hon. Gentleman’s question about the different options that it will be for the Committee to decide whether there are other elements that it wishes to see in a Bill. We have tried to put together a simple framework within which consultation and discussion can take place. That will undoubtedly involve considering whether there are other options, in terms of either the scope of the Bill or some of the operational issues that underpin it.
As for the right hon. Gentleman’s point about other countries, I must make clear that I do not equate a legitimate democratic debate about these matters in this democratic House of Parliament with some of the extraordinary abuses of human rights that we have seen elsewhere in the past, and all too often today. These are very different issues.
(12 years ago)
Commons ChamberWe will continue to do everything we can to improve the process in both Departments. I am absolutely clear that we want to get the appeals process right, both in the tribunals service and in Jobcentre Plus, where we have introduced a mandatory reconsideration process. Ultimately, the reason we are doing all that is that there are large numbers of people out there who can return to work and make a better lot of their lives, which we want to help them to do, but unless we have a reassessment process, we will never find those people to deliver that help to.
Does the prisons Minister realise that staff at HM Prison Northumberland, who have successfully merged two prisons and earned a positive report from the inspector, are sickened and infuriated that the public sector bid will not go through to the final market testing round because of promises from private sector providers that the Department might lack the capacity to verify?
(12 years, 2 months ago)
Commons ChamberGiven my last job and my current job, I am probably pretty well positioned to ensure that the two Departments work closely together. I strongly believe in the linkage between the rehabilitation of offenders and work to try to get former offenders into employment, and I can assure the hon. Gentleman that the two Departments will work closely together to achieve that goal.
On behalf of the Select Committee on Justice, may I welcome the Secretary of State and Lord Chancellor to his office and wish him well?
Does the right hon. Gentleman recognise that he is responsible for spending a lot of public money to ensure that people who come out of prison are effectively managed and assisted so that they give up on crime, and that we use prison for those for whom it is necessary, but use other means to get other people away from crime?
I am grateful to the right hon. Gentleman for his kind words of welcome. I look forward to having many dealings with his Committee, and no doubt some sharp questioning. Let me assure him that I view rehabilitation very much as a significant element of our criminal justice system. It will be a major theme of the work I do at the Ministry of Justice. Although people may have to go to prison in recognition of the offences they have committed, it is absolutely right and proper that we should do everything we possibly can to ensure that they do not go back.